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Poole & Shaffery, LLP
Sidebar Issue 71 | October 2016

Poole & Shaffery, LLP is a full service business law firm with 20 plus attorneys located throughout the State of California who focus on a variety of different areas of litigation, counseling and business related transactional services, including: employment law counseling; defense of employment related lawsuits; all manners of business litigation and mediation; business contracts and transactions including business formation, franchise operations, business sale, mergers and acquisition; non-profit and tax-exempt organizations; estate planning, probate and trust administration; securities registration and compliance; construction law, land use and development; government affairs (registered lobbyist in Sacramento, CA; County of Santa Clarita and City of Santa Clarita, CA); real estate transactions and litigation; intellectual property matters including trade secrets, copyrights, trademark, cyber security and data breach; insurance law and extra contractual litigation; product liability; premises liability; and trucking and transportation claims.

Disclaimer: The articles contained herein are intended for general information purposes only. Nothing contained in this document is legal advice, nor should it be relied upon as such.

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By: Michael S. Little
An Insurer’s Bad Faith Exposure May Not End Even If Policy Limits Are Tendered

Insurance carriers adjusting California claims have long feared policy limits settlement demands in third-party liability cases and the prospect that their response to such demands could expose the carrier to a bad faith claim. Many carriers presume that they are insulated from bad faith liability if they ultimately agree to pay these policy limit demands, but a recent decision handed down by the California Court of Appeal holds that insurance companies can still be liable for bad faith despite promptly offering their policy limits to settle claims.

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By: Chris S. Jacobsen
Breaking Up Just Got Easier To Do

One of the banes of the existence of closely-held companies is the potential for deadlock in management. If owners cannot agree on the course of operation, what alternatives are available? The California Corporations Code has long provided, in the case of corporations, for the appointment of provisional directors and for a 50% shareholder to elect to wind up and dissolve the corporation. However, 50% owners of limited liability companies (LLCs) have not been so fortunate…until now.

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By: None
Featured Settlement: Truck Driver Reaches $2.7 Million Settlement in Misclassification Case

Plaintiff, Edwin Molina, a truck driver, filed a wage and hour class action against Pacer Cartage, Inc. for misclassification as an independent contractor. Plaintiff alleged that he, as well as hundreds of other truck drivers for Pacer, were not independent contractors, but employees of Pacer due to the fact Pacer maintained and provided its drivers with company-owned trucks, Pacer controlled each driver's schedule, and that Pacer dictated how and when deliveries were to occurr.

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